This November 3rd, more than ten communities in Colorado will attempt to escape the local-authority-revoking effects of SB 152 by overriding its restrictions at the polls: Archuleta County, Bayfield, Boulder Valley School District, Durango, Fort Collins, Ignacio, La Plata County, Loveland, Moffat County, Pitkin County, San Juan County, and Silverton.

Many of these communities participated in a $4.1 million fiber infrastructure project which currently provides public entities (municipal buildings, libraries, and schools) with cheap, plentiful Internet access. To determine how to better utilize that existing fiber infrastructure, the Southwest Colorado Council of Governments received a $75,000 regional planning grant. The 10 year old law in question, SB 152, prevents local governments from taking full advantage of local fiber assets by removing local authority to offer any services that compete with incumbents; voters must reclaim that authority through a referendum.

Under the restrictions, localities cannot partner with local ISPs to provide high-speed Internet to community members via publicly owned infrastructure or create municipal FTTH networks. Local government entities must also be careful to not lease too much fiber or risk running afoul of the law. Statewide organizations have worked to amend the law, but without success:

“It’s an obnoxious law that was passed by the industry to protect their monopoly,” said Geoff Wilson, general counsel for the Colorado Municipal League.

The league tried to get the law amended during the 2015 legislative session after hearing from communities across the state about how it was blocking them from improving Internet access for residents.

“The law is designed to protect the provider of inferior service from the local government doing anything about it,” he said.

In 2010, Silverton, Colorado, decided to build a fiber-optic loop for savings and better connectivity in rural San Juan County. At the time, Qwest (now CenturyLink) provided a microwave connection to the town of around 630 residents. After taking state money to connect all the county seats, Qwest decided to take fiber to everyone except Silverton, much to the frustration of local residents. We wanted to catch up with happenings in this former silver mining camp.

We spoke with Jason Wells, Silverton Town Administrator, who told us that Silverton's loop is part of a regional effort, the Southwest Colorado Access Network (SCAN). Silverton's loop broke ground in April and it will cost $164,000. Silverton and San Juan County contributed $41,000 and the remainder comes from a Southwest Colorado Access Grant. Wells says public institutions will be hooked up first, then downtown businesses. Connecting the schools will come later.

The community is limited by its remote geography. At 9,300 feet above sea level, the town is one of the highest towns in the U.S. and still served by microwave technology. Wells hopes future expansion will include wiring Silverton to Durango, the closest SCAN community. Durango connects municipal and La Plata County facilities with its municipal fiber and leases dark fiber to local businesses, private providers, and community anchor institutions.

Wells connected us to Dr. Rick K. Smith, Mayor of participating Bayfield and General Manager of the Southwest Colorado Council of Governments (SWCCOG). Dr. Smith shared some history on the SCAN project.

a 10-year, $37 million contract to provide high-speed connectivity to every county seat in Colorado, forming a statewide network known as the Multi-use Network, or MNT.